June 16, 1998

Mr. Marvin Yizar

EF302048

Georgia State Prison, HCO1

Reidsville , Georgia 30453-9802

Dear Mr. Yizar :

I am in receipt of your letter of postmark date June 10, 1998. The "Application for Certificate of Probably Cause to Appeal" which was returned to you is, I assume, based on your letter, an attempt to file discretionary application under OCGA §5-6-35. Before this Court can receive an application for filing, you must include with the application an $80.00 filing fee or sufficient pauper's affidavit. Otherwise, under OCGA §5-6-4, the clerk is prohibited from receiving the application.

Also, if you wish to file an application, you will need to attach a stamped file copy of the Court's order or judgment you are appealing, which I assume is the grant of the summary judgment. At any rate, I have enclosed a copy of the rules of the Court of Appeals for your review.

Sincerely,

William L. Martin, III

Administrator/Clerk

Court of Appeals of Georgia

WLM , III/ld

Enclosure